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(영문) 서울고등법원 2016.11.18 2016나2020488

대여금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. From December 29, 2009 to November 30, 2010, the sum of KRW 267,632,000 was remitted from the deposit account in the name of the Plaintiff or the Plaintiff’s representative to the deposit account in the name of the Defendant.

The details are as follows:

C. Plaintiff 38,00,000 won on December 29, 2009, 1200 won on January 10, 2010, 30,000 won on January 7, 2010, Plaintiff 40,832,000 won on January 8, 2010, 44 April 20, 20,832,000 won on January 26, 2010, 10, 30, 10,000 won on January 36, 20, 30,000, C6,000, 30,000 won on January 36, 20, 200, C. 48,000 won on October 48, 200, C. 200, C. C. 300,000 won on October 30, 2010, C. C. C. 2010

B. From March 9, 2010 to October 4, 2011, total of KRW 261,608,420 was remitted from the Defendant’s deposit account in the name of the Plaintiff, C, D, E, and F.

The details are as follows:

C. Plaintiff 20,00,000 on March 9, 2010, the payee’s title of KRW 10,000 on March 29, 2010, KRW 20,000 on May 27, 2010, Plaintiff 40,000 on June 1, 2010, KRW 40,000 on April 35, 200, KRW 000 on July 35, 200, KRW 00 on July 30, 2010, KRW 10,000 on July 30, 200, KRW 20.30, KRW 10,000 on July 27, 2010, KRW 30,00 on KRW 40,00 on July 27, 200, KRW 600 on July 40, 200, KRW 3000 on Plaintiff 38,104,2010.

C. C filed a lawsuit (Seoul Central District Court 2014Gahap42054) against the Defendant claiming that the Defendant’s payment for the work was KRW 500,000,000, which was not paid in relation to the G Hospital Art. C.

On October 16, 2015, the above court rendered a judgment dismissing C’s claim, and filed an appeal by C, but this court dismissed the Plaintiff’s appeal (2015Na2067237) on September 20, 2016. The above judgment became final and conclusive on October 12, 2016.

【Ground of recognition” has no dispute, Gap evidence 1-1 to 10, and Eul.